Automobile damage, hazardous condition. Admission of liability and damages for deductible. Judgment for plaintiff in amount of deductible.

[Cite as Couser v. Wright State Univ., 2004-Ohio-5422.]

IN THE COURT OF CLAIMS OF OHIO

JENNIFER L. COUSER :

Plaintiff :

v. : CASE NO. 2004AD

WRIGHT STATE UNIVERSITY : MEMORANDUM DECISION

Defendant :

____________________

THE COURT FINDS THAT:

On July 14, 2004, plaintiff, Jennifer L. Couser, filed a complaint against defendant, Wright State University, alleging her automobile was damaged by a hazardous condition located on defendant's premises. Plaintiff sought damages in the amount of $1,288.39, the total cost of automotive repair. Plaintiff submitted the filing fee with her complaint;

On August 30, 2004, defendant filed an investigation report admitting liability, but asserting plaintiff's damages should be limited to her insurance coverage deductible of $500.00. (see R.C. 2743.02(D) and R.C. 3345.40(B)(2));

On September 8, 2004, plaintiff filed a response expressing her agreement with the damage issue presented by defendant. THE COURT CONCLUDES THAT:

I find, by a preponderance of the evidence, negligence by defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76AD; Stewart v. Ohio National Guard (1979), 78AD;

Plaintiff has suffered damages in the amount of $500.00, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19.

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IN THE COURT OF CLAIMS OF OHIO

JENNIFER L. COUSER :

Plaintiff :

v. : CASE NO. 2004AD

WRIGHT STATE UNIVERSITY : ENTRY OF ADMINISTRATIVE DETERMINATION

Defendant :

____________________

Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $525.00, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

DANIEL R. BORCHERT Deputy Clerk Entry cc: Jennifer L. Couser Plaintiff, Pro se 4892 Hunt Road #307 Cincinnati, Ohio 45242 Gwen Mattison For Defendant Office of General Counsel Wright State University 3640 Colonel Glenn Highway Dayton, Ohio 45435 RDK/laa 9/

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Filed 9/21/04 Sent to S.C. reporter 10/11/

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